Gang member’s council dispute over beachfront ‘dream home’
Black Power member Kevin Moore has built a house on Maori Land where he has been squatting for more than three years, a move the New Plymouth District Council says is illegal.
Moore, a member of the gang for more than 30 years, and a group of associates moved on to the Rohutu Block at East Beach, Waitara in 2014 and have refused to leave.
In recent months a timber house with a large deck surrounding it has sprung up on the site but Moore claimed he’d done nothing wrong by building it as the land belongs to him as tangata whenua and he didn’t need approval from the council for any construction.
The site is Maori freehold land managed by the Rohutu Block Trust and their legal advisers, under the Te Ture Whenua Maori Land Act 1993. ‘‘You don’t need none of that stuff on Ma¯ ori land. the council has no say,’’ Moore said.
However, the NPDC advised occupancy of property on the block required approval from the land’s trustees, something Moore doesn’t have, before obtaining building consent from the council.
Katrina Brunton, NPDC customer and regulatory solutions manager, said the council was unaware of the un-consented building work and there had been no consents applied for or issued there since June 2014.
‘‘Ultimately we relay on building owners to come to council and apply for building consents,’’ Brunton said. ‘‘The building act is about creating a safe environment for residents, visitors and the general public.’’
Because the council had become aware of the activity, officers would be meeting with the trustees of the Rohutu Block to determine the best way forward and Brunton said enforcement action, under the Building Act, could be taken against both the trust and Moore.
‘‘That can be a range of actions but first and foremost it would start normally with a notice to fix which would be issued to the land owners and the building owner saying that they need to apply for a certificate of acceptance.’’
The certificate would require a building consent inspection, similar to a new house, but it would be a bit more difficult given the home had already been constructed, she said. ‘‘It’s quite an extensive process to follow.
‘‘It would be about making sure that it has been built to the code to ensure that it is fit for purpose, that it’s safe, healthy, water tight and sanitary.’’
Brunton said there was further action that could be taken including issuing a fine, prosecution action or dismantling the house, if Moore refused to allow an inspection.
‘‘Under the building act that’s an option, yes.
‘‘We are aware of the difficulties of dealing with Kevin Moore and the council would need to seek guidance and advice on that.’’
Moore said the house was still under construction and he would welcome the council inspecting the work.
‘‘It’s very legal. It has all been concreted in and it’s fully insulated underneath.
‘‘It’s my dream home, I’ve been dreaming about it for years. It’s for my kids.’’
He said there were problems with the way the block was being managed by the trust and claimed that, as Nga¯ ti Awa, he was mana whenua of the land but was not recognised by the Crown and as a result had been left landless, so he did not require a lease.
‘‘I’m the owner here, I’m one of the owners, yes.’’
A spokesperson for the trust said they would not speak about the issue in public.
‘‘It’s in legal hands and we don’t want to complicate the situation.’’
Waitara community board member Joe Rauner questioned why the council had not taken any action if there hadn’t been any consent issued.
‘‘It’s not a new issue, if anybody else in the community, either in Waitara or New Plymouth, had done this the council would have been on to them,’’ Rauner said.